Required Disclosures (12)
1. Lead-Based Paint Disclosure & EPA Pamphlet (conditional) – If the property was built before 1978, the landlord must inform the tenant that the paint could contain lead.[1]
2. Pest Control Treatments – The landlord must notify tenants of any ongoing pest control treatments and which pesticides are being used, including their names and brands. The following language must also be included in rental agreements: “State law requires that you be given the following information: CAUTION – PESTICIDES ARE TOXIC CHEMICALS. The California Department of Pesticide Regulation and the United States Environmental Protection Agency allow the unlicensed use of certain pesticides based on existing scientific evidence that there are no appreciable risks if proper use conditions are followed or that the risks are outweighed by the benefits. The degree of risk depends upon the degree of exposure, so exposure should be minimized. If within 24 hours following application of a pesticide, a person experiences symptoms similar to common seasonal illness comparable to influenza, the person should contact a physician, appropriate licensed health care provider, or the California Poison Control System (1-800-222-1222). For further information, contact any of the following: for Health Questions – the County Health Department (telephone number) and for Regulatory Information – the Department of Pesticide Regulation (916-324-4100).”[2]
3. Methamphetamine Contamination – If a residential property was used for the production of methamphetamines, then a health officer must verify that the property was remediated properly and sign an order to this effect. The property’s landlord is required to share this order with any new tenant.[3]
4. Demolition – If a property is slated to be demolished, its landlord must disclose this to any new tenant before entering into a rental agreement. The estimated date of demolition must also be disclosed.[4]
5. Military Base – A landlord of a property located within one mile of a military base in which live munitions or explosives are used must disclose this to a prospective tenant.[5]
6. Death Event – If a death occurred on a property within the last three years, then the property’s landlord is required to disclose this to a new tenant.[6]
7. Condominium Conversion – A landlord must notify a tenant if the property being rented is located within an apartment building approved to be converted into a condominium project.[7]
8. Flood Hazard – If a rental property is located in a flood hazard zone, then the landlord must disclose this to the tenant.[8]
9. Sex Offender Database – Every rental agreement must include the following language: “Notice: Pursuant to Section 290.46 of the Penal Code, information about specified registered sex offenders is made available to the public via an Internet Web site maintained by the Department of Justice at www.meganslaw.ca.gov. Depending on an offender’s criminal history, this information will include either the address at which the offender resides or the community of residence and ZIP Code in which he or she resides.”[9]
10. Shared Utilities – For a dwelling with shared utility meters, a landlord must disclose that the meters are shared and delineate how costs will be allocated.[10]
11. Mold – Landlords are required to tell tenants about the presence of mold in a dwelling unit.[11]
12. Bedbugs – Landlords are required to explain to tenants how to identify bedbugs and how to deal with an infestation.[12]
Security Deposit Laws
Maximum Amount – One month’s rent.[13]
However, a landlord may require an amount equal to two months’ rent if the landlord owns no more than two residential rental properties that collectively include no more than four total units for rent, but only if the landlord is a natural person or a limited liability company in which all members are natural persons.[13]
Domestic Violence – A landlord may not deduct from a tenant’s security deposit if damage to the property was caused by the tenant’s abuser, provided the tenant did not invite the abuser onto the property.[14]
Rent Payment Laws
Grace Period – Not specified in state law.
Late Fee – Not specified in state law.
NSF Fee – A landlord can charge up to a $25 penalty for a bounced rent check, and $35 for subsequent bounced rent checks.[15]
Sources
- 24 CFR § 35.92
- Cal. Civ. Code § 1940.8.5
- Cal. Health & Saf. Code § 25400.28
- Cal. Civ. Code § 1940.6
- Cal. Civ. Code § 1940.7
- Cal. Civ. Code § 1710.2
- California Tenants Guide
- Cal. Gov. Code § 8589.45
- Cal. Civ. Code § 2079.10a
- Cal. Civ. Code § 1940.9
- Cal. Health & Saf. Code § 26147
- California Tenants Guide
- Cal. Civ. Code § 1950.5
- California Tenants Guide
- Cal. Civ. Code § 1719